Effective Date: 19th April 2018
The terms 'we', 'our', 'us' and 'ResMed' collectively refer to ResMed Ltd. and ResMed Ltd.’s affiliates, organized under the laws of various states and countries and operating in Australia, Singapore, the United States or in other jurisdictions.
ResMed expressly excludes any representation or warranty, express or implied, with respect to the information available using this Service. ResMed makes no representation about any third-party websites that may be accessed via links to or from this Service. By using this Service, you agree that the law of the New South Wales, Australia, without regard to its conflict of laws principles, will govern all matters between you and ResMed with respect to your use of this Service.
Disclaimer on emergency medical conditions
DO NOT USE THIS Service FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS SERVICE, OR COMMUNICATED TO YOU DIRECTLY OR THROUGH AN APPLICATION, TOOL, OR VIA COMMUNICATIONS, IS FOR INFORMATIONAL, EDUCATIONAL AND RESUPPLY PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING OR FITTING PATIENTS. RESMED DOES NOT, THROUGH THIS SERVICE OR ITS FUNCTIONS, PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS SERVICE, AND COMMUNICATIONS FROM RESMED IN CONNECTION WITH YOUR USE OF THE SERVICE OR RESMED PRODUCTS, DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.
Your reliance upon information and content obtained by you from ResMed Communications, including this Service is solely at your own risk. We do not assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content.
We do not provide advice to you on any issues relating to medical treatment or diagnosis and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website or through any Communications. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment or diagnosis.
Intellectual property rights Ownership
Authorized and prohibited uses
You may download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms and applicable laws. Except as may otherwise be expressly authorized by these Terms, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Service or the Content without our prior written permission. If this Service permits the email or other means of forwarding certain Content, you may send that particular Content or link to others by email or SMS. You agree not to infringe upon ResMed’s intellectual property rights or remove or modify related proprietary notices contained in these Terms or the Content.
Registration and passwords
At times, we may or may not require you to have a password and provide registration details to access our Service or portions of our Service, or other services offered by ResMed. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. If ResMed believes that the details are not correct, current and complete, we have the right to refuse you access to the Service, or any of its resources, and to terminate or suspend your account, if any. We may also terminate or suspend your account if you fail to use it for 90 days or more. You are responsible for maintaining the confidentiality of any password(s) you are given to access our Services, and you are fully responsible for all activities that occur under your password(s). ResMed shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by ResMed, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
Any ResMed software that is made available to download in connection with this Service ('Software') is the copyrighted work of ResMed and/or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement ('EULA') applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
Compliance with Copyright laws
ResMed respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for termination of users of this Service who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit ResMed to locate the Content;
- Information reasonably sufficient to permit ResMed to contact the complaining party;
- A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, please contact ResMed's Copyright Agent at:
Vice President, General Counsel-Americas
ResMed Corp. Legal Department
9001 Spectrum Center Blvd.
San Diego, CA 92123
Phone: (877) 389-8868
Website administration Access arrangements and fees
Your use of this Service must be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined, specified or modified by ResMed in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Service, or to receive any Communications from ResMed.
At this time, we do not charge a fee to use this Service (but not including any data costs incurred by you or your carrier in using the Service), but we reserve the right to impose or modify fees in connection with use of this Service (or portions of this Service) at any time without liability. ResMed shall endeavor to issue a general notice with regard to any imposition of fees or modifications to this Service.
Unless otherwise agreed upon between you and ResMed, no link shall be made to any page of any ResMed or third party website (“Website”) except a direct link to the top page without framing. In addition, any link to a Website must be immediately followed by notice to ResMed via email at firstname.lastname@example.org. Moreover, in the event ResMed deems your linking practices in relation to a Website to be inappropriate, ResMed may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of ResMed relating to that.
Access to Service
While it is ResMed's objective to make the Service accessible 24 hours per day, seven days per week, the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ResMed, access to the Website may be interrupted, suspended or terminated from time to time. ResMed shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.
You agree not to submit any User Content to a Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
You agree to comply with all applicable laws in connection with your use of this Service and a Website.
Unsuitable content and conduct
User shall not engage in, conduct or submit to a Website or as part of any Service any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. User shall not cause damage, embarrassment or adverse publicity to ResMed.
Functional compatibility and system abuse
You will submit only User Content that is functionally and technically compatible with this Service or a Website. You will not attempt to and will not damage, corrupt, tamper with or infect a Website or this Service, the Content or any information or telecommunication system of ResMed with a virus or other malicious computer program. You will only use this Service for the permitted purposes stated in these Terms, and will not engage in abusive activity with respect to this Service, or undertake any other activity which may adversely affect the use or enjoyment of this Service by any person. You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ResMed reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.
Your cooperation and notification
You agree to cooperate with all reasonable requests of ResMed and will notify ResMed promptly upon learning of any actual or suspected breach of these Terms by you or unauthorized use or abuse of this Service.
THIS SERVICE, ITS CONTENT AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN 'AS IS' BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. RESMED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
RESMED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESMED (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SERVICE OR WEBSITE. RESMED AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE RECEIPT OF ANY COMMUNICATIONS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH RESMED. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RESMED HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RESMED AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. RESMED DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF RESMED WILL BE LIMITED TO, IN THE SOLE DISCRETION OF RESMED, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES IMPOSED IN CONNECTION WITH YOUR USE OF THIS SERVICE THAT HAVE BEEN RECEIVED BY RESMED FROM YOU.
You agree to defend, indemnify and hold harmless ResMed and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney's fees, arising in connection with your use of this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of this Service.
Third-party sites and other information
This Service may contain as a convenience to you, content, links and other information submitted by third parties over whom ResMed has no control or responsibility, as well as translations thereof which ResMed may arrange. ResMed has no obligation to monitor, control or restrict the use of this Service, or third-party websites accessible via links available as part of this Service. These other sites are not under ResMed's control, and you acknowledge that (whether or not such sites are affiliated in any way with ResMed) ResMed is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by ResMed or any association with its operators.
Separate terms and conditions
From time to time in connection with your use of and/or access to Content contained in certain areas of a Website or as part of this Service, or receipt of Communications from ResMed, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions before making any use of such Content or areas of a Website or as part of this Service. Any such terms will not vary or replace these Terms regarding any use of a Website or the Service, unless otherwise expressly stated.
Dispute resolution; applicable law and forum
Modification of Terms
If you have any questions regarding these Terms or this Website, please contact us by email at email@example.com
COMMUNICATIONS WITH YOU: ResMed may contact you with Communications using an automated call system (“IVR”), text, emails, or live calls. You may request to opt out of these Communications at any time by notifying ResMed either by way of an opt out message via text, an email, or verbally on a live call.